What's New at CAPLAW?

FAQ: FLSA Overtime Rule Blocked – What Do CAAs Do Now?

On Tuesday, November 22, 2016, a federal judge issued a nationwide preliminary injunction temporarily blocking the new overtime rule under the federal Fair Labor Standards Act, just days before it was set to take effect on December 1, 2016. CAAs and other employers that have spent the past few months planning for the new rule are now faced with a difficult decision—should they hold off or move forward with the planned personnel changes? Is the preliminary injunction the final word on the overtime rule? This FAQ, FLSA Overtime Rule Blocked – What Do CAAs Do Now?, addresses these questions as well as others to help CAAs develop a practical plan of action.

To learn more about compliance with the new overtime rule see this FAQ by CAPLAW.

Check out CAPLAW's newly launched online guide, where resources developed by CAPLAW and the national Community Action Partnership are linked to specific CSBG Organizational Standards to help Community Action Agencies in their compliance efforts.

CAPLAW recently released two new case studies. One is Pace CAA Social Enterprises: A Case Study which examines how a nonprofit CAA leveraged its experience to establish social enterprises focused on helping individuals reach self-sufficiency. The other is Public CAA Case Study: The Power of a Tripartite Board which focuses on how the tripartite board of Montgomery County Community Action Agency, a public CAA, fulfills its responsibilities with respect to the CSBG Organizational Standards.

UBIT Issues and Procurement Rules in Shared Services Arrangements: Updates to Working Better Together

Thinking about entering into a shared services arrangement with another Community Action Agency or nonprofit organization? Consider the unrelated business income tax (UBIT) issues involved in such arrangements as well as the procurement rules that may apply. See recent updates to these topics in CAPLAW’s online resource, Working Better Together: CAPLAW’s Guide to Shared Services and Mergers.

News for Community Action

HHS Issues Final Head Start Program Performance Standards

On September 1, 2016, the U.S. Department of Health and Human Services (HHS) issued the final Head Start Program Performance Standards (the final Performance Standards), the first comprehensive revision and reorganization of the Performance Standards since they were published in 1975.

The final Performance Standards will take effect on November 7, 2016, though compliance with certain provisions will be phased in over a five-year period ending on August 1, 2021.Read More.

For additional information on the final Performance Standards, please see the following:

OHS's On-Demand Webinar introducing the final Performance Standards. OHS also indicated that it will be conducting a monthly webinar series on the final Performance Standards, which will be held on the third Wednesday of each month, from 2:00 p.m. – 3:30 p.m. ET. Stay tuned to the ECLKC website for more details in the coming weeks.

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In this webinar, we examine the main issues for an attorney to consider when asked by a CAA to review and update its bylaws. We discuss laws specifically applicable to a CAA’s bylaws, such as the CSBG and Head Start board composition requirements, and what provisions the bylaws should contain to ensure compliance with those laws. We also touch on how a CAA’s bylaws address removal, board size, term limits, and conflicts of interest.

If your CAA has questions or concerns about the Community Service Block Grant Act (CSBG) carryover or child support referral requirements, check out CAPLAW’s recent analysis of each. With these analyses, CAPLAW addresses commonly faced issues associated with the requirements and proposes practical ways to approach and implement these sections of the Act. It is important to note that these analyses does not represent the opinions of the federal Office of Community Services (OCS).